RL Johnson
Mar 6, 20226 min
Updated: Apr 11, 2022
by Christian civil trial attorney RL Johnson
Title VII of the Civil Rights Act of 1964 (“Title VII”) is implicated, for instance, in the religious/vaccine context, when an employee seek an accommodation from an employment/vaccine requirement due to religious beliefs.
Job discrimination is prohibited by, among other laws, Title VII of the Civil Rights Act of 1964, which “prohibits employment discrimination based on race, color, religion, sex[i]and national origin.” 42 USC §2000e-2(a).
There are other laws that protect workers from discrimination by reason of
Disability (e,g., the Americans with Disabilities Act of 1990 42 U.S.C. ch. 126 § 12101 et seq. (the “ADA”))[ii];
Genetic information (e.g., the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. §2000ff et seq. is an Act of Congress in the United States designed to prohibit some types of genetic discrimination);[iii] and,
Age (e.g., the Age Discrimination in Employment Act of 1967 (Pub. L. 90-202) (“ADEA”), as amended, as it appears in volume 29 of the United States Code, beginning at section 621).
However, the scope of these laws are fairly narrow, so in this piece I only discuss Title VII of
the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964 (“Title VII”) is implicated, for instance, in the religious/vaccine context, when an employee seek an accommodation from an employment/vaccine requirement due to religious beliefs.
In the typical situation, employment discrimination arises after an employee or prospective employee is made aware of a job requirement or excluded from a job opportunity by reason of that person’s race, color, religion, sex, or national origin.
The other class of cases involve an employee who encounters hostility or an adverse reaction
from their employer when he or she objects to a condition of employment on the ground that it conflicts with a religious belief. In these instances, Title VII imposes upon covered employers a duty to accommodate the employee’s religious observance or practice provided the accommodation does not impose an undue hardship on the conduct of the employer's business. 42 USC §§2000e-(j) and 2000e-8(c). Note well that “[t]he duty to accommodate pertains to prospective employees as well as current employees.” 29 CFR §1605.3(b)(1). It also applies to the federal government, employment agencies, and labor organizations. 42 USC §2000e(b).
Keep in mind, however, that Title VII doesn’t apply to all employers or all employees. For instance, Title VII does not apply to:
employers in both the private and public sectors with fewer than 15 employees [42 USC §2000e(b)];
a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26 [the Internal Revenue Code of 1986] [42 USC §2000e(a)(2)];
an employer incorporated in foreign country that not controlled by an American employer [42 USC §2000e-1(c)(2)];
aliens[iv] outside any State [42 USC §2000e-1(a)]; and,
a religious corporation, association, educational institution, or society where the work to be performed is connected with the carrying on of the mission of such corporation, association, educational institution, or society [42 USC §2000e-1(a)].
Title VII is enforced by the Equal Employment Opportunity Commission (the “Commission”
or “EEOC”).
If you experience adverse employment action by reason of your race, color, religion, sex, or national origin or in the form of a denial of your right to receives a reasonable accommodation to your religious objection to an employer’s condition of for employment (e.g., an employer's mandatory vaccine requirement) you must within 300 days of the adverse employment action file your claim with the Equal Employment Opportunity Commission (“EEOC”). The EEOC has authority to investigate whether there is reasonable cause to believe discrimination occurred.
Within ten (10) days of receiving your charge (or complaint), the EEOC will notify your employer of your complaint. At this stage in the process, your charges are just allegations as nothing has yet been proven.
Also, having received notice of you charges from the EEOC, your employer may elect to resolve your concerns through mediation or settlement.
Consequently, at the onset of an investigation, EEOC will let both you and your employer
know if it thinks your complaint is eligible for voluntary mediation. That said, you may nonetheless ask the investigator about voluntary settlement options.
The EEOC may also investigate your charges. During an investigation, both you and your employer will be asked to provide information. The EEOC investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place.
If EEOC investigates your charges of adverse employment action due your sincerely held religious beliefs but is unable to conclude that there is reasonable cause to believe that discrimination occurred, you and your employer will be issued a notice called a Dismissal and Notice of Rights. This notice informs you and your employer that you have the right to file a lawsuit in federal court within 90 days from the date of its receipt. The employer will also receive a copy of this notice.
On the other hand, if EEOC determines there is reasonable cause to believe discrimination has occurred, you and your employer will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known as conciliation.
When conciliation does not succeed in resolving the charge, EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sue and may file a lawsuit in federal court within 90 days.
However, if the EEOC is unable to complete its investigation within the 180-days, you will receive a Notice of Incomplete Investigation letter, which will provide notice of your right to request a hearing before a Commission Administrative Judge or to file a civil action in an appropriate U.S. District Court.
Indeed, before filing a lawsuit in a state or federal court, you must …
exhaust administrative remedies before filing a lawsuit under Title VII {the ADEA[v], and the ADA} by filing an administrative charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the adverse employment action; and,
file their federal claims in court within 90 days of receiving a Notice of Right to Sue from the EEOC. By contrast, there is no exhaustion requirement for state law claims, and the statute of limitations for ELCRA claims is three years. When the defendant is a foreign corporation, the defendant may seek removal to federal court based on diversity. 28 USC 1332(a), (b). Thus, plaintiffs may want to preserve their federal claims by complying with any administrative exhaustion requirements before filing suit, so that such claims may be added by way of amendment if the case is successfully removed.
If you are successful in Title VII case, you are generally entitled to reasonable attorney fees under 42 USC 2000e-5(k).
Cf. Attorney fees are only awarded to a prevailing defendant when the court finds that the plaintiff’s claims were frivolous, unreasonable, or without foundation. Christiansburg Garment Co v EEOC, 434 US 412 (1978).
Hopefully, you and your employer can resolve the dispute either through formal or informal mediation. Failing that, however, following is the link to the EEOC’s website.
https://www.eeoc.gov/contact-eeoc
ENDNOTES
[i] The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions. 42 USC §2000e(k).
[ii] Titles I and V of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA), as amended, as these titles will appear in volume 42 of the United States Code, beginning at section 12101. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, 1992, prohibits employment discrimination against qualified individuals with disabilities. Since July 26, 1994, Title I has applied to employers with 15 or more employees. Title V contains miscellaneous provisions which apply to EEOC's enforcement of Title I.
[iii] Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
[iv] The term “alien” means any person not a citizen or national of the United States. 8 U.S. Code § 1101(a)(3).
[v] ADEA = Age Discrimination in Employment Act of 1967 (Pub. L. 90-202) (ADEA), as amended, as it appears in volume 29 of the United States Code, beginning at section 621.
Helpful Links:
• Christian Legal Society
https://www.christianlegalsociety.org
• The Library of Congress’ website:
https://www.loc.gov/law/help/guide/states.php
• Civil Pro Se Forms
https://www.uscourts.gov/forms/civil-pro-se-forms
• Federal Rules of Civil Procedure
https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure
• Public Access to Court Electronic Records (“PACER”) system
Disclaimer: The information contained in this article is offered for educational purposes only and is not intended to substitute for legal advice and is not customized to your particular needs. Before undertaking self-representation, we urge you to consult with an attorney licensed to practice in your state.